Charlotte Vaile, an Army veteran living in Aurora, recently discovered that La Merise French Bistro in Denver’s Cherry Creek North shopping district is not wheelchair accessible. Despite making a reservation at the restaurant, she found that the building did not have a ramp or elevator to help her navigate past the steep stairs. This lack of accessibility raised concerns for her, as she believes the restaurant is not in compliance with the Americans with Disabilities Act (ADA).
According to Vaile, the law requires businesses to make reasonable accommodations for individuals with disabilities. She suggested that the restaurant should either remove the stairs or create an alternative way around them to ensure accessibility. When she contacted La Merise, a manager informed her that the restaurant did not have to meet ADA standards as it is a landmark. The building’s landmark status may potentially exempt it from ADA requirements, a detail yet to be confirmed by state officials.
Colorado disability law attorney Kelly McCullough explained that the ADA established accessibility standards in 1991 and 2010, which apply to buildings constructed after those years. However, older buildings are still subject to ADA requirements on a case-by-case basis. Businesses must remove existing architectural barriers if it is deemed readily achievable, meaning they have the necessary funds for the task. If a complaint or lawsuit is filed, a court determines the feasibility of the modifications.
Feeling that La Merise is in violation of the ADA, Vaile expressed her intent to file a complaint against the restaurant. The issue raises questions about the interpretation of ADA standards for businesses in landmark buildings and the enforcement of accessibility requirements for all individuals, regardless of when the building was constructed.
The Americans with Disabilities Act (ADA) was signed into law in 1990 and prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation services and telecommunications services.
La Merise French Bistro is located on First Avenue Southwest and South Broadway Street in Denver’s Cherry Creek North shopping district.
Vaile’s experience raises awareness about disability rights and how businesses can make their facilities more accessible for everyone.
It’s important for businesses to comply with ADA regulations as it not only helps people with disabilities but also prevents potential legal issues down line.
